Ahrens Materials, Inc. v. J. D. Yaun Roofing Corp.

I must of necessity respectfully dissent to that part of the majority opinion which would reverse the judgment in favor of Ahrens Materials, Inc., against R & W Contractors, Inc.

The law of payments as it is universally adhered to today generally is as follows:

1. The payment is applied as the debtor intends and so manifests to the creditor before or at the time of payment.

2. If the debtor fails to so indicate, the payment is applied as the creditor within a reasonable time determines.

3. If neither the debtor nor the creditor seasonably so indicates, the payment is applied as a just regard to…